Neutral Citation No. - 2025:AHC-LKO:46664 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7338 of 2025 Applicant :- Anil @ Abharaj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Shiva Nand Pandey,Mithlesh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant as well as the learned Additional Government Advocate for the State. Despite service of notice, as informed by the learned AGA, none appears on behalf of the complainant. In the prosecution case, it is alleged that on 26.05.2024, the applicant, along with the co-accused persons, enticed away the informant’s minor daughter, aged about 17 and a half months. Learned counsel for the applicant submits that the victim of her own accord went away with the applicant. In her statement recorded under Section 161 Cr.P.C., she admitted to having been in a relationship with the applicant for the past four years. She stated that she travelled from her home to Lucknow, then to Mumbai, followed by Gujarat, and eventually returned to Musafirkhana, Amethi, without any alarm being raised during this period. The victim reiterated the same facts in her statement under Section 164 Cr.P.C. In both statements, she has not supported the prosecution case. No radio-logical test was conducted, and she declined to undergo medical examination. The applicant is in custody since 09.06.2025 and has no prior criminal record. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA has opposed the bail application, submitting that the investigation against the applicant is still in progress. On due consideration to the victim’s statements under Sections 161 and 164 Cr.P.C.; her admission of having solemnized court marriage with the applicant; her refusal to undergo medical examination; absence of corroborative evidence supporting the prosecution version; the fact that the applicant is in custody since 09.06.2025 without any criminal antecedents and the undertaking given on behalf of the applicant to cooperate in the investigation, I find it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Anil @ Abharaj involved in FIR/Case Crime No. 130/2024, U/s- 363, 366, 376, 506 IPC and 5/6 of POCSO Act, Police Station- Baldirai, District- Sultanpur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. Order Date :- 11.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench